Montenegro wikileaks: das Mafia Land des Dukanovic, ist ohne Justiz

¶1. (U) MONTENEGRO'S JUDICIARY IS WIDELY SEEN AS THE WEAK LEG OF
GOOD GOVERNANCE. PUBLIC OPINION POLLS ROUTINELY SHOW A LACK OF
CONFIDENCE IN THE COURTS. MORE DAMNING, THE CHIEF PROSECUTOR,
HUMAN RIGHTS OMBUDSMAN, THE PRESIDENT OF THE BAR ASSOCIATION AND
EVEN THE PRESIDENT OF THE SUPREME COURT AGREE THAT JUDGES ARE
INEFFICIENT, SLOW, AND EXHIBIT POOR DECISION-MAKING, EVEN IF
THEY DIFFER AS TO THE REASONS WHY. ALL AGREE THAT JUDGES ARE
POORLY COMPENSATED (BOTH AS TO MONEY AND RESPECT). MOST ALSO
CITE POOR LEADERSHIP BY THE PRESIDENT OF THE SUPREME COURT AS A
FACTOR; HE FAULTS AN EXCESSIVE CASELOAD. GOOD POSSIBLE
SOLUTIONS HAVE BEEN IDENTIFIED -- BETTER PAY, IMPROVED TRAINING
AND STANDARDS, AND REMOVING EXTRANEOUS WORKLOAD -- BUT THE MONEY
AND POLITICAL WILL TO IMPLEMENT THE SOLUTIONS ARE MISSING. END
SUMMARY.

INCOMPETENT JUDGES

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¶2. (U) UNIFORMLY, EXPERT OBSERVERS OF THE COURTS FAULT THE LOW
QUALITY OF THE JUDICIARY. THE CHIEF PROSECUTOR, HUMAN RIGHTS
OMBUDSMAN, THE PRESIDENT OF THE BAR ASSOCIATION AND EVEN THE
PRESIDENT OF THE SUPREME COURT AGREE THAT TOO MANY JUDGES ARE
INEFFICIENT, SLOW, AND EXHIBIT POOR DECISION-MAKING. THERE IS
AGREEMENT THAT FEW TALENTED LAWYERS ARE ATTRACTED TO THE BENCH,
REPELLED BY LOW PAY (EURO 300 PER MONTH, WHEN A GOOD LAWYER CAN
MAKE EUROS 3000) AND SCANT RESPECT - EVEN THOUGH JUDGES WERE
RESPECTED IN THE PAST, SAID PRESIDENT OF THE SUPREME COURT
VUKOTIC. THE RESULT IS HIGH TURNOVER -IN THE PAST TWO YEARS, 25
PERCENT OF MONTENEGRO'S 253 JUDGES LEFT, OFTEN THE BETTER JUDGES
FOR THE HIGHER-PAID PRIVATE SECTOR. THE LACK OF STRONG STANDARDS
FOR PROSPECTIVE JUDGES MEANS THAT WHEN REPLACEMENTS ARE NAMED,
POLITICAL CONSIDERATIONS OUTWEIGH PROFESSIONAL QUALIFICATIONS.

OVERLOADED COURTS

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¶3. (U) MONTENEGRINS ARE INCREDIBLY LITIGIOUS, EVEN BY AMERICAN
STANDARDS: SOME 300,000 CASES ARE CURRENTLY IN THE COURTS. WITH
A POPULATION OF ONLY 630,000, ON AVERAGE ALMOST EVERY MAN, WOMAN
AND CHILD IS INVOLVED IN A LAW SUIT - AND EACH OF AUTHORIZED 253
JUDGES HAS A CASELOAD OF OVER A THOUSAND SUITS. IN 2006,
136,670 NEW CASES WERE FILED, BUT ONLY 127,000 RESOLVED.
PRESIDENT VUKOTIC TOLD POLOFF A MAJOR FACTOR IS THAT COLLECTION
OF OVERDUE UTILITY BILLS (37 PERCENT OF THE CASELOAD), AND
ROUTINE NOTARY TASKS (40 PERCENT), ARE STILL TREATED AS COURT
CASES. VUKOTIC ADDED THAT WHILE THE MINISTRY OF JUSTICE HAS
ACCEPTED THE COURTS PROPOSAL TO REMOVE THESE TWO AREAS FROM THE
JUDICIARY, THE BILL HAS NOT BEEN ADOPTED BY THE GOVERNMENT AND
SENT TO THE PARLIAMENT. THIS WOULD REDUCE CASELOADS TO THE
LEVELS SEEN BEFORE 1999, THAT IS, ABOUT 50 TO 60 THOUSAND.

¶4. (U) LONG DELAYS RESULT FROM THE BACKLOG OF CASES. THE
OMBUDSMAN FOR HUMAN RIGHTS TOLD POLOFF THAT ALMOST ALL OF HIS
1,100 COMPLAINTS A YEAR DEAL WITH THE COURTS, AND SPECIFICALLY
LONG DELAYS; VERY FEW COMPLAIN ABOUT CORRUPTION, OR POLITICAL
INFLUENCE. THE OMBUDSMAN CITED A SMALL NUMBER OF INSTANCES IN
WHICH TWO OR EVEN THREE YEARS ELAPSED BETWEEN ARRESTS AND THE
COMMENCEMENT OF TRIALS. THE OMBUDSMAN HAS PUBLICLY PROPOSED
CHANGING THE LAW TO ALLOW SUITS TO RECOVER MONETARY DAMAGES FROM
THE STATE IN CASES OF EXCESSIVE COURT DELAYS.

¶5. (U) JUDGE VUKOTIC UNDERSCORED TO POLOFF THAT A HIGH NUMBER OF
ADMINISTRATIVE (GOVERNMENT AGENCY) AND LOWER COURT DECISIONS GET
OVERTURNED ON APPEAL. HE NOTED IN PARTICULAR THAT OVER 50
PERCENT OF CUSTOMS AGENCY DECISIONS GET OVERTURNED. HE CITED
THE FAILURE OF COURTS TO ROUTINELY PUBLISH THEIR DECISIONS AS
CONTRIBUTING TO A NON-TRANSPARENT ENVIRONMENT, WHERE AGENCIES
AND LOWER COURTS REPEAT ERRONEOUS DECISIONS. HE ALSO STRESSED
THE NEED FOR MORE AND BETTER TRAINING OF JUDGES, COURT
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PERSONNEL, AND AGENCY RULE IMPLEMENTERS.

¶6. (U) MONTENEGRIN INTERLOCUTORS MINIMIZED THE ROLE OF OUTRIGHT
CORRUPTION IN JUDICIAL DECISION MAKING. INSTEAD, THEY NOTED
THAT THE CURRENT APPOINTMENT SYSTEM ENSURED THAT ONLY JUDGES
CONNECTED TO CERTAIN INFLUENTIAL PEOPLE GOT APPOINTED. ONCE ON
THE BENCH THE JUDGE "KNOWS HOW TO RULE" IN CASES INVOLVING THOSE
INFLUENTIAL PERSONS, WITHOUT EXPLICIT BRIBERY OR INFLUENCE
HAVING TO BE EXERTED. SIMILARLY, THEY SAID THAT IN CASES
INVOLVING MORE PROMINENT MEMBERS OF ORGANIZED CRIME, THE JUDGE
IS OFTEN AWARE OF THE POSSIBLE EXTRA-LEGAL CONSEQUENCES OF AN
ADVERSE RULING, WITHOUT THAT HAVING TO BE DIRECTLY COMMUNICATED.
(NOTE: IN SEVERAL NOTORIOUS CASES, ALL THE WITNESSES TO A
VISIBLE CRIME HAVE DEVELOPED LIMITED MEMORIES, AS IN THE MURDER
COMMITTED BY A WELL-KNOWN CRIMINAL AT THE PODGORICA HOSPITAL.
REPORTEDLY SOME TWO DOZEN WITNESSES TO THE MIDDAY SHOOTING ALL
CLAIMED TO SEE NO MORE THAN "A BLACK HAND." THE LACK OF EVIDENCE
IS A STATUTORY BAR TO PROSECUTION. END NOTE.)

POOR LEADERSHIP

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¶7. (U) THE CHIEF PROSECUTOR, VESNA MEDENICA, HAS BEEN ESPECIALLY
CRITICAL OF THE LEADERSHIP SHOWN BY SUPREME COURT PRESIDENT
RATKO VUKOTIC. IN REPEATED, WELL-REPORTED PUBLIC COMMENTS, AND
IN A MEETING WITH POLOFF, SHE HAS CALLED FOR THE PRESIDENT'S
REPLACEMENT. IN HER REPORTS TO THE PARLIAMENT, MEDENICA HAS SAID
THE COURTS ARE "INADEQUATE", WITH CASES OFTEN TERMINATED BY THE
STATUTE OF LIMITATIONS AND VERDICTS ISSUED IN CONTRAST TO THE
EVIDENCE. PRIVATELY, SHE SAID THAT RATKOVIC WAS UNWILLING OR
UNABLE TO EXERCISE HIS ROLE AS LEADER OF THE COURT SYSTEM, AND
WAS NOT TAKING STEPS TO ENSURE THAT JUDGES WERE TACKLING THEIR
CASE LOAD. SHE NOTED A TRAFFICKING IN PERSONS CASE THAT HAS LAIN
DORMANT FOR OVER TEN MONTHS AFTER THE ARRESTS, AND CIVIL CASES
THAT ARE A DECADE OLD. NOTE: IF RATKOVIC DID STEP DOWN, THAT
WOULD RESULT IN FOUR SUPREME COURT PRESIDENTS IN LESS THAN THREE
YEARS. END NOTE.

POLITICAL INFLUENCE IN APPOINTMENTS, CORRUPTION

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¶8. (U) ALL OBSERVERS NOTED TO POLOFF THE DELETERIOUS ROLE OF
POLITICS IN APPOINTING JUDGES. CURRENTLY, A JUDICIAL COUNCIL
(ITSELF COMPOSED OF SITTING JUDGES), PROPOSES CANDIDATES FOR THE
BENCH TO THE PARLIAMENT. THE PARLIAMENT THEN VOTES ON
INDIVIDUAL CANDIDATES, AND OFTEN REJECTS COUNCIL CANDIDATES
DEEMED INSUFFICIENTLY CONNECTED TO THE RULING POLITICAL PARTIES.
SOLUTIONS TO THE PROBLEM VARY, HOWEVER, AND REMAIN A
CONTROVERSIAL SUBJECT IN THE CURRENT PARLIAMENTARY DISCUSSIONS
OVER THE NEW DRAFT CONSTITUTION. THE OMBUDSMAN, A FORMER JUDGE,
WOULD GIVE PARLIAMENT THE SOLE ROLE. CONVERSELY, THE PRESIDENT
OF THE BAR ASSOCIATION WOULD REMOVE PARLIAMENT'S ROLE, AND HAVE
THE JUDICIAL COUNCIL RECOMMEND CANDIDATES TO THE PRESIDENT OF
MONTENEGRO. BOTH PROPOSALS HAVE ALSO BEEN RAISED IN PARLIAMENT.
NO MONTENEGRINS MENTIONED TO POLOFF THE CREATION AND ADHERENCE
TO HIGHER PROFESSIONAL STANDARDS FOR SELECTING JUDGES, EVEN
THOUGH THIS HAS BEEN PROPOSED PREVIOUSLY BY USG-FUNDED "RULE OF
LAW" PROGRAMS.

DONOR ASSISTANCE

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¶9. (U) DONOR ASSISTANCE, TO DATE PRIMARILY FROM THE USG AND THE
COUNCIL OF EUROPE, HAS ADVANCED THE STATE OF THE JUDICIARY.
USAID PROGRAMS HELPED IN THE ESTABLISHMENT OF THE APPEALS AND
ADMINISTRATIVE COURTS, AND CREATED VERY SUCCESSFUL PILOT
PROGRAMS THAT ESSENTIALLY ELIMINATED ALL BACKLOGS IN TWO LOCAL
COURTS. OTHER USAID PROGRAMS PLACED EXPERIENCED MONTENEGRIN
JUDGES IN U.S. COURTS AS PROFESSIONAL INTERNS. DEPARTMENT OF
JUSTICE OPDAT PROGRAMS, INCLUDING THE PLACEMENT FOR SIX MONTHS
OF AN EXPERIENCED U.S. FEDERAL ORGANIZED PROSECUTORS IN THE
STATE PROSECUTOR'S OFFICE, IMPROVED MONTENEGRO'S ABILITY TO
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PROSECUTE DIFFICULT CASES, INCLUDING THOSE INVOLVING ORGANIZED
CRIME. THE USAID PROGRAM WILL END ON MARCH 31, 2007; THE OPDAT
PROGRAM CONTINUES, BUT WITH A LOWER PACE OF ACTIVITIES.

¶10. (U) THE EU'S CORDS PROGRAM IS INCREASING IN SIZE AND BUDGET,
AS MONTENEGRO LOOKS TO SIGN ITS INTERIM STABILIZATION AND
ACCESSION AGREEMENT (SAA) IN THE NEAR FUTURE. THE MULTI-MILLION
EURO ANNUAL PROGRAMS WILL INCLUDE A "RULE OF LAW" COMPONENT,
CURRENTLY BEING DESIGNED; THIS IS A NEW AREA FOR EU ASSISTANCE
IN MONTENEGRO.

USSIAN OLIGARCH BUYS HEAVY INDUSTRIAL PLANT
¶4. (SBU) RUSAL, NOW THE WORLD'S LARGEST ALUMINUM PRODUCER HEADED
RUSSIAN OLEG DERIPASKA, PURCHASED THE KOMBINAT ALUMINA PODGORICA
(KAP - ALUMINUM FACTORY) AND THE RELATED BAUXITE MINES NEAR
NIKSIC IN LATE 2005, PAYING EUROS 48.5 MILLION KAP, AND EUROS 9
MILLION FOR THE MINES. THE PRIVATIZATION AND SALE OF KAP, WHOSE
REVENUES AT THE TIME EQUALED 12 PERCENT OF MONTENEGRO'S GDP, WAS
STEEPED IN CONTROVERSY (REF A). KAP'S SHARE OF GDP IS
RELATIVELY STEADY, AT 14 PERCENT IN 2006, RESULTING FROM STRONG
GLOBAL AND LOCAL PRICES FOR ALUMINUM. DATA ON KAPS PRODUCTION
AND REVENUE FOR 2006 IS NOT YET PUBLICLY AVAILABLE, AND THE NEW
OWNERS HAVE DISCONTINUED PROVIDING INFORMATION TO THE GENERAL
PUBLIC ABOUT THEIR OPERATIONS. INFORMATION PROVIDED TO POST IN
FEBRUARY 2007 IS THAT KAP PRODUCED 121,322 TONNES OF ALUMINUM IN
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